- (1.) THE present revision petition has been filed by the complainant to assail the judgment dated 31.3.2006 rendered by Additional Sessions Judge, Khetri, whereby respondents were acquitted of offence under Sections 148/149, 323/149, 324/149, 325/149, 326/149, 307/149 and 302/149 IPC.
(2.) THE learned Public Prosecutor has submitted that the State has opted not to assail the judgment by filing appeal.
(3.) DHARM Singh (P.W. 12), the complainant had lodged report (Exhibit -P/37) at police station Buhana, wherein he stated that on 22.5.1997 at about 9:30 AM, he was sitting at his house along with his family members, when respondent -accused along with others and one Ishwar Singh, who was subsequently declared as proclaimed offender, trespassed into the house, armed with lathis, Sariya, Knife and Jelly. They caused injuries to Shubhram, Hanuman, Chhotu, Sunil, Dharm Singh, Rajkumar. Hukmichand also suffered injuries in the occurrence and died as a result of injuries. The learned trial court held that it is not in dispute that one person Jiley Singh from the family of accused was married day before the occurrence; on the day of occurrence, he along with his wife and other relatives present at his house, alongwith Band -Baja was going to pay obeisance to Devi -Devatas. When the procession reached in the front of house of accused, a fight had erupted and the complainant party received injuries. The court further held that since the procession was going to pay obeisance to devi -devatas, it consisted of newly married couple, children and women. The court further held that there were injuries on the persons on the accused and same have not been explained by the complainant party and witnesses. The court further held that since origin and genesis of the occurrence has been suppressed by the prosecution, the accused cannot be termed as aggressor. The trial court further came to the conclusion that witnesses have changed their statements.;